Legal Question in Real Estate Law in Maryland

Hi Liz-

You can file a petition with the court for "partition" of the property. This basically means that you are asking the court to physically split up the property according to each owner's respective ownership interest in the property so that you can have your share to do with what you want (sell it, rent it, etc). If physically splitting up the property proves too difficult (as is often the case when a home sits on the property), the Court will instead order the sale of the property and the net proceeds, if any, paid to the owners according to their respective interest in the property.

Some things to think about --

THE PROS OF WINNING PARTITION ACTION

1. You no longer owe your share of the mortgage payments, real estate taxes, insurance, and other maintenance costs.

2. You can sell the house and no longer have the headache of this family investment.

THE CONS OF WINNING PARTITION ACTION

The court will likely order the sale of the home. This will result in:

1. You, your brother, and your father each having to make a lump-sum out of pocket cash payment to the lender to cover your respective share of the difference between the mortgage balance and the sale price of the home (assuming the sale price doesn't cover the mortgage balance). Do you have the cash to bring to the table? Does your father and brother?

2. If your petition is to be successful, you will need to hire a lawyer to assist you through the process. This will cost you several thousand dollars at a minimum. You will not recoup this cost, even if you win the case and are allowed to sell the house.

3. Your brother having to move out of the house. This is a major cost and expense.

4. A LIFETIME of more family resentment -- family members don't easily forgive when sued by other family members.

I STRONGLY recommend that you consult a Maryland real estate attorney before you file any documents with the court or take any other action relating to the property.

******Best of luck. The above is for informational purposes and does not create an attorney-client privilege.*******